Hampton
Hampton v. Pacific Investment Management Co.
Opinion
Lead Opinion
Carney, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
I. INTRODUCTION
This securities class action was brought against Pacific Investment Management Company, LLC (“PIMCO”), PIMCO Funds (the “Trust”), and seven of PIM- *1210 CO’s employees (“the Trustees,” together with PIMCO and the Trust, “Defendants”) for breach of contract, breach of trust, breach of the covenant of good faith and fair dealing, and aiding and abetting the other causes of action. The causes of action all arise from the investment activity of a mutual fund managed by the Trust and advised by PIMCO called the Total Return Fund (the “Fund”). Plaintiff William Hampton, and others similarly situated, purchased and/or held shares of the Fund between April 1, 2014 and September 12, 2014. Plaintiff alleges that the Fund exceeded a self-imposed limit on what proportion of its investments could be in securities or instruments tied to emerging market countries. Before the Court is the Defendants’ motion to dismiss, which Defendants make on a number of grounds, including that each of the causes of action here is precluded by the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”). (Dkt. 57 [“Def.’s Mot.”].) Because the…